A DISTRICT court judge commended a woman for reporting a motorist who swerved several times across a continuous white line and approached a bend on the incorrect side of the road.
The driver in question was Donovan Leitch (77), who recorded numerous chart hits in the sixties, simply as ‘Donovan’, and lives at The Old Rectory in Castlemagner in Kanturk.
The singer – through his barrister Michael McGrath, instructed by Letty Baker solicitor – denied a charge of dangerous driving at Smorane, on the Skibbereen to Leap road, on February 11th 2023, but Judge James Mc- Nulty at Skibbereen District Court said the evidence given by the witness was credible.
However, the judge decided to defer the imposition of a penalty on the dangerous driving charge to February 13th.
The judge said he needed time to consider the lengthy legal arguments made by barrister Michael McGrath in respect of a second charge that alleged Donovan Leitch was drunk and in charge of a vehicle further along the road at Aghills.
A third charge – one of failing to provide gardaí with a breath specimen at Bantry Garda Station – was dismissed by Judge McNulty after respiratory consultant Professor Oisin O’Connell gave evidence of Donovan Leitch’s medical conditions.
The specialist said he carried out a full clinical examination and the tests showed that Donovan Leitch not only had chronic obstructive pulmonary disease, he also had sclerosis of the spine, and a restricted thoracic cage, all of which put his breath capacity, (and gait) far below someone else at his age and stage in life.
In evidence for the State, Gda Colm Spring confirmed that the accused did wrap his mouth around the mouthpiece of the evidenzer and did attempt to blow into it but didn’t have the required amount of breath to operate the machine.
Mr McGrath said at the garda station, he co-operated and agreed to have a blood or urine sample taken from him.
But this didn’t happen because there was no one from SouthDoc available to take the sample within the statutory time limit.
The two remaining charges – a charge of dangerous driving and being drunk in charge of a vehicle – will be concluded at the February 13th sitting.
